Let’s first understand who is a manufacturer in terms of plastic waste management rules 2018. When we talk about the Manufactures it means any set-up or entity that is engaged in the production of plastic raw materials that is to be consumed as raw material by the Producers.
Every manufacturing entity carrying bags, recycling plastic bags and MLP (multi-layered packaging) is mandatory to get registered with the State Pollution Control Board before the commencement of the production.
It is a very clear fact that the State Pollution Control Board does not issue the registration certificate if the unit does not possess a valid Pollution License under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981)
Introduction: Need to regularise it
- India is one of the biggest generators of solid waste. Every day approx 43449 MT of MSW is generated from the Small, and Big Metropolitan cities, out of which, approx 111000 Metric tonnes are collected, and approx 35602 Metric tonnes are treated (According to S. Kumar et al., 2017). This waste is expected to be jumped up that has to eventually be dumped on the open grounds and landfills in the absence of sustainably scientific and effective technology.
- Plastic waste is an elementary, essential, and irreplaceable part of solid waste. According to the Central Pollution Control Board, 34 Lakh tons of plastic waste was generated in FY 2019-20 and 30.59 lakh tons in 2018-19.
- Every year the State Pollution Control Board and Pollution Control Committees (SPCBs and PCCs) submit the data to the CPCB under the provisions contained in various rules notified under the Environment (Protection) Act, 1986.
- Central Government, MOEF on adopting the 3R Principle which is Reduce, Reuse and Recycle and spread over this philosophy to every household and to reduce the waste at the source level, facilitating on the polluter pay principle for the management of plastic waste, has notified the Plastic Waste management rules 2016. Two years later, on 27th March 2018, an amendment to the existing notified plastic waste rules 2016 came into force.
Who is covered under the purview of plastic waste management rules 2018?
- All waste generator entities mean any residential, commercial, industrial, institutional establishments have to obtain a license under the plastic waste management 2018.
- Indian Railways, Airport, Port and Harbour and Defence units
- Municipalcorporation, Nagar Nigam, Nagar palika, Urban Development Authority, Gram Panchayat
- Manufacturers, Producers, and Importers need to get the Plastic waste registration from the Pollution Control Board.
- The Ministry of Environment & Forest has defined a procedure to get the plastic waste registration license for each entity. We will talk about every segment in detail.
How to obtain the Plastic waste license for the Manufactures from the Pollution Board?
- Let’s first understand who is a manufacturer in terms of plastic waste management rules 2018. When we talk about the Manufactures it means any set-up or entity that is engaged in the production of plastic raw materials that is to be consumed as raw material by the Producers.
- Every manufacturing entity carrying bags, recycling plastic bags and MLP (multi-layered packaging) is mandatory to get registered with the State Pollution Control Board before the commencement of the production.
- It is a very clear fact that the State Pollution Control Board does not issue the registration certificate if the unit does not possess a valid Pollution License under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981)
What are the Conditions to store, sale and import carry bags, plastic sheets and MLP?
- The manufacturing entities have to follow the set standards in the rules and regulations. They have to stock, sell, distribute the carry bags, plastic sheets and multi-layered packings with strict guidelines and conditions as follows:
- Carry bags and plastic packaging should not be used with added pigments and should comply with the Indian Standards 9833:1981 titled as List of pigments and colourants for use in plastics in contact with foodstuffs, pharmaceuticals and drinking water.
- Recycled plastic bags and carry bags should not be used in storing, carrying, dispensing or packaging ready to eat or drink and any other foodstuff.
- Carry bags should not be less than fifty microns thick. Carry bags less than 50 microns thick are not allowed to be sold in any form.
- There are no restrictions concerning the thickness of carrying bags if they are made from Compostable plastic that have to conform to the Indian Standard.
- Any entity that is engaged in the recycling of plastic waste has to conform to the standards as IS 14534:1998 titled as Guidelines for Recycling of Plastics.
- Any manufacturing and use of multi-layered plastic which is not recyclable and from which the energy can not be recovered, These non -usable plastics are to be phased out in a time-bound manner.
What is the procedure to obtain the EPR certificate for plastic waste?
- The EPR certificate will apply to all producers, importers and brand owners of the plastic who are using it in any form in their products and these products are going into the market.
- Let’s first understand who is a producer in terms of plastic waste management rules 2018. A producer is a manufacturer of the plastic who is either importing carry bags or Plastic sheets or multi-layered packaging and any plastic sheet to wrap a commodity.
- An importer is a person or entity who imports the plastic material and has a valid IEC code.
- A brand owner is a company or entity or person who is selling its products under his registered brand name. These three PIBO categories any industry falls in has to approach the Central Pollution Control if the company operates in more than two states. And if the company operation is in one to two states only then it has to get registered with the State Pollution Control Board.
- PIBO organizations before approaching the State Pollution Control Board or CPCB have to ensure to have a full mechanism to collect the waste that has been gone into the market by their products. They may incentivise the local vendors or dealers if they are capable of collecting the plastic waste from the end-users and channelise the waste to the plastic waste recycling agencies.
- PIBO organisations may have their tie-ups with the plastic waste recycling companies that can have the facilities on their own to manage the waste.
- PIBO organisations have to have the EPR plan ready and implement it once it is registered with the CPCB or SPCB.
Is EPR license a responsibility for PIBO organisations (Producers, Importers and Brand Owners) or a liability to obtain?
- When we talk about responsibility, it means duty or an obligation to be held accountable if something goes wrong. Now let’s discuss as far as plastic waste is concerned, the plastic made material used by the producers, importers and brand owners in any form are going directly and indirectly into the market. It may be by wrapping the commodity, or selling and promoting its plastic products.
- These management rules are based on the polluter pay principle where an entity that generates the waste has the prime responsibility to pay the price ultimately.
- The same principle applies herein as well. PIBO organisations are introducing plastic waste into the environment, and are held primarily responsible to collect the waste and channelise it to the waste recyclers, therefore, using the recycled waste into their plant operations as far as possible.
- Whoever agency is supplying the plastic as raw material for the manufacturing of carrying bags or plastic sheets to PIBO entities have to maintain the records of similar parties.
- Non-recyclable and Non-energy recoverable MLP which has no alternate use has to be phased out in the due course of time.
- PIBO companies are obliged to procure the EPR certificate from the State Pollution Control Board and Central Pollution Control Board.
